Md. Nazar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76822 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- KORHA District- Katihar ====================================================== 1.

Md. Nazar Alam Son Of Md. Asham Village- Bakhrikol Ps- K.Nagar DistPurnea 2.

Shiro Rishi @ Siro Rishi son of Late Ashrfi Rishi Village- Bisharia Musahri Tola Ps- Korha Dist- Katihar 3.

Dhoshi Rishi @ Ghuso Rishi son of Late Madan Rishi Village- Bisharia Musahri Tola Ps- Korha Dist- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 30(a) and 37(ii) of the Bihar Prohibition & Excise Act.

There is recovery of 50 litres of illicit country made liquor from an auto-rickshaw.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. Nothing has been

Patna High Court CR. MISC. No.76822 of 2023(2) dt.01-12-2023 2/2 recovered from the conscious possession of the petitioners. The petitioners have no concern either with the seized auto-rickshaw or the illicit liquor. The petitioner is languishing in custody since 04.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Excise Court No. 2, Katihar in connection with Korha P.S. Case No. 312 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T